Copyright guidelines for digital media


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  • One kind of work is “public domain”. This includes facts and ideas, anything produced by the U.S. government, and anything for which copyright protection has “run out” according to U.S. law. Currently, anything that is OLDER THAN 1923 is public domain. If a book was written before 1923, now you can reproduce the work. Barack Obama’s speeches, while he is president, are PUBLIC DOMAIN. So what can you do with public domain works? The same thing that you cannot do with copyrighted works.
  • Here is a list of things that you, as copyright owner, have the exclusive right to do. This is also a list of activities that you can do with public domain works. So, you could record Barack Obama’s speech and distribute it, make lots of copies, and sell them, without infringing hist copyright -- he has none, since these speeches are a “work for hire” for the U.S. Government.
  • Because they both have to do with intellectual property, copyright infringement and plagiarism are often confused. Suffice it to say that there is ONE thing that you should NEVER do with Barack Obama’s speech, and that is, use it as your own words and/or ideas, without giving him credit. To do so would be intellectually dishonest, unethical, and it would be plagiarism. It’s not necessarily illegal, but definitely unethical. On the other hand, if you use a copyrighted work, and give all kinds of credit in the world to the original author, you could still be infringing on the person’s copyright if you are doing any of the activities on the list without obtaining permission or without fairly using it.
  • Purpose of the use The amount of the original work used The nature of the original work used (creative? nonfiction?) The effect of the use on the market for the original
  • Notice the guidelines are only guidelines, NOT law. There is much License trumps fair use guidelines. CONFU are guidelines, and many educational institutions are claiming that they are too restrictive. Linking is (almost) always ok (there are even suits about deep linking). Use fair use guidelines to document your uses of
  • Notice the guidelines are only guidelines, NOT law. There is much License trumps fair use guidelines. CONFU are guidelines, and many educational institutions are claiming that they are too restrictive. Linking is (almost) always ok (there are even suits about deep linking). Use fair use guidelines to document your uses of In a report by the Center for Social Media, entitled “The cost of copyright confusion for media literacy,” authors state that hyper-restrictive copyright policies at schools and teachers’ own misunderstandings about fair use lead to less effective teaching and less innovation. The authors state, “This is not only unfortuante but unnecessary, since copyright law permits a wide range of uses of copyrighted material without permission or payment.”
  • Note that neither of these is required to achieve copyright protection. However, you will derive additional benefits by doing so. For instance, you can collect additional fees in damages if you bring a copyright infringement suit against someone and your work was registered with the Copyright Office.
  • Obviously, if you are creating a work as a function of your employment by another person or an organization, most likely your work is “made for hire” and that other entity owns the copyright. Educational institutions usually have policies governing works made for hire. Often in the academic arena, creators retain copyright ownership of their work. But again, it depends on the policy of the institution. Conversely, if you are hiring a consultant or developer to (say an e-learning module) MAKE SURE that copyright ownership is addressed in the contract.
  • Another philosophy has arisen, especially in the era of digital media. That is “copyleft” Copyleft means that people who create copyrighted works, instead of claiming copyright in the work, they give up those claims and kind of dedicate the work to the public good. Anyone may remix, copy, or reuse the work, usually as long as they give credit to the original author and they pay it forward, that is, that same license applies to any derivative works that they create.
  • Other sources of copyleft images, videos, text, and sounds include: Wikipedia Flickr And many, many more
  • Copyright guidelines for digital media

    1. 1. ©opyright Guidelines for Digital Media <ul><li>Nancy E. Adams, M.L.I.S. </li></ul><ul><li>University Librarian IANAL </li></ul>
    2. 2. What we’ll cover: <ul><li>Copyright basics </li></ul><ul><li>Fair use guidelines for educators </li></ul><ul><li>Claiming copyright for your work </li></ul><ul><li>“ Copyleft”: sources of freely usable content </li></ul>
    3. 3. 2 kinds of works: <ul><li>Copyright-protected </li></ul><ul><li>© </li></ul><ul><li>Public Domain </li></ul>
    4. 4. Copyright is the right to: <ul><li>Reproduce </li></ul><ul><li>Distribute </li></ul><ul><li>Publicly display or perform </li></ul><ul><li>Prepare derivative works </li></ul>
    5. 5. Copyright Infringement ≠ Plagiarism
    6. 6. Copyrighted works must be used: <ul><li>By permission </li></ul><ul><li>Could involve paying licensing fee </li></ul><ul><li> $$ </li></ul><ul><li>OR Within Fair Use Guidelines </li></ul>
    7. 7. Fair Use Guidelines
    8. 8. 4 Fair Use Factors <ul><ul><li>P urpose </li></ul></ul><ul><ul><li>A mount </li></ul></ul><ul><ul><li>N ature of the use </li></ul></ul><ul><ul><li>E ffect </li></ul></ul><ul><ul><li>Title 17, U.S. Code, Section 107: </li></ul></ul><ul><ul><li>Fair Use Checklist: </li></ul></ul>
    9. 9. Fair Use Guidelines for Educational Multimedia
    10. 10. Fair Use Best Practices <ul><li>Refer to your institutional policy. </li></ul><ul><li>Refer to the license terms, if any. </li></ul><ul><li>Link out to content rather than downloading a copy. </li></ul><ul><li>Remember that material on the Internet may not have been posted in accordance with copyright guidelines. </li></ul><ul><li>Document your fair use decisions. </li></ul><ul><li>Cite your sources and include copyright ownership information if original source includes it. </li></ul><ul><li>Use only the portion required for educational purposes. </li></ul><ul><li>Exercise your fair use rights to the fullest extent. </li></ul>
    11. 11. Claiming copyright for your work
    12. 12. What must I do to claim copyright as a creator? <ul><li>Create an “original” work </li></ul><ul><li>Fix it in a “tangible medium” of expression </li></ul>
    13. 13. For additional protection… <ul><li>Place a copyright notice on your work to protect against claims of “innocent infringement”. </li></ul><ul><li> © 2009, Nancy Adams </li></ul><ul><li>Register your work with the Copyright Office of the Library of Congress (fee charged). </li></ul>
    14. 14. Is your work “made for hire?”
    15. 15. Copyleft
    16. 16. Creative Commons <ul><li>An organization promoting creators to share some of their benefits of copyright with others. </li></ul><ul><li> </li></ul>
    17. 17. Sean Aune’s “30+ Places to Find Creative Commons Media” (Sitepoint blog)
    18. 18. Scenario 1: <ul><li>An instructor uploads a copy of large sections of a recently-published book into the course management system to use for a required reading. Only current students of that institution can access it via a password. The same excerpt is used semester after semester. </li></ul>
    19. 19. Scenario 2: <ul><li>A teacher creates a short tutorial using Camtasia, and uses an image from a licensed database that the school owns. She makes the tutorial available on the open Internet. </li></ul>
    20. 20. Scenario 3: <ul><li>A media literacy professor uses a clip from the movie Aladdin to analyze media representation of the Middle East. She embeds the clip in the password-protected course management system. </li></ul>
    21. 21. Scenario 4: <ul><li>A librarian digitizes the entire DVD of the movie, Traffic , and stores it on the password-protected campus media distribution system. After the class views it, the librarian leaves it on the system. Now, anyone at the University with a password can view the DVD. </li></ul>